California Attorney General Rob Bonta has acknowledged the U.S. Court of Appeals for the Ninth Circuit's decision to deny Huntington Beach's request for an en banc review of its lawsuit against certain California housing laws. Previously, on October 30, 2024, a three-judge panel from the Ninth Circuit had affirmed the district court's decision to dismiss Huntington Beach's federal lawsuit. The City later requested an en banc review, which was also denied. The recent order stated that the matter "failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration." Consequently, the previous dismissal remains in effect.
Attorney General Bonta stated, "We are pleased that Huntington Beach’s latest attempt to exempt itself from our state’s housing laws has failed. All along, Governor Newsom and I have asserted that the City’s federal lawsuit is meritless and a waste of the public’s money." He emphasized Huntington Beach's obligation to comply with state housing requirements, like every other city in California. Bonta added, "We will be closely monitoring what the City decides to do next. Our state lawsuit against Huntington Beach is also on appeal. We remain confident we will prevail there, too."
A copy of the decision is available for public access.